Republic v Pauline Kendi Kailikia [2018] KEHC 3574 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HC CRIMINAL CASE NO 42 OF 2018

REPUBLIC ...........................................................................PROSECUTOR

VERSUS

PAULINE KENDI KAILIKIA .................................................. ACCUSED

RULING ON SENTENCE

1. I have considered the mitigation made on behalf of the accused. That she is remorseful and a first offender. A mother of 5 children.

2. I have also considered the Pre- Sentence Report on record that is positive of the accused. I have noted the sentiments of the victims therein.

3. However, I have carefully considered the circumstances under which the offence occurred. That the deceased called the accused to the place of the incident and that it is the deceased who first attacked the accused. That the deceased was armed with a panga and actually injured the accused. That the accused may have been acting in self-defence.

4. Taking into consideration all the foregoing and the judiciary sentencing principles. I sentence the accused to six (6) months probation under the Probation Officer, Tigania.

A. MABEYA

JUDGE

03/10/18

In the presence of: -

Court Assistance - Boniface

Mr. Gitonga for state

Mr. Ojiambo for Accused

Accused present